City Council Minutes August 5, 2019 Regular Session



MONDAY, August 5, 2019 – 7:00 PM



PRESENT: Jerry D. Roseberry, Mayor; Council members: George Holt; Jim Windham; Mike Ready; David Eady; Jeff Wearing. Sarah Davis was not present. Staff members present: City Manager Matt Pepper, City Clerk Connie Middlebrooks, Utility Superintendent Jody Reid, Police Chief Dave Harvey, City Attorney David Strickland.


OTHERS PRESENT: Peggy Madden, Art & Laurie Vinson, Adrienne Waddey, Anderson Wright, Dave Huber, Patsy Burke, Cheryl Ready, Tim Williams, Brenda Williams, Cathy Allen, and Linda Allen.   



1. The meeting was called to order by the Hon. Jerry D. Roseberry, Mayor
2. Invocation was delivered by Chief Dave Harvey
3. Pledge of Allegiance

4. Motion to accept the Agenda for August 5, 2019 – Ready – Second – Wearing, approved unanimous 6/0.

5. Consent Agenda - Approved unanimous 6/0.

6. Mayors Report
     Mayor Roseberry informed everyone that Ms. Sarah Davis would not be attending the meeting, she had fallen

     and dislocated her shoulder. He also updated Council on the health of Hoyt Oliver, who is recovering from

     pneumonia at Riverside Health Center. Mayor Roseberry extended well wishes and a speedy recovery to

     both. Mayor Roseberry informed Council that the Police Department had issued 71 citations, 46 warnings,

     and made 4 arrests. 


7. Planning Commission Recommendations/Petitions
     City Manager Matt Pepper stated the Planning Commission had one recommendation to move forward with   

     approving the development permit submitted by the residents at 712 Emory Street. Details regarding the

     approval of this development permit will be further discussed with item 10 on the agenda.

8.  Citizens Concern
     Mr. Tim Williams (229 East Soule Street) addressed Council regarding a citation he was issued for parking his

     dump truck on the property. Mr. Williams stated that his family owns all the property in and around that

     area and had been residents for more than sixty-eight years. He would like Council to grant him permission to

     continue to park his truck at his residence. Mayor Roseberry informed Mr. Williams that he, the city manager,

     and Chief Harvey were looking into the situation and hoped to have a resolution for him soon.

 9. 2019 Property Tax Millage Rate Adoption
     Mayor and Council hosted three public hearings on the proposed Property Tax Millage Rate adoption. The   

     first two occurred on Monday, July 29th at 9 am and 6 pm and the third was held prior to the regular session

     on Monday, August 5th. Mayor and Council discussed adopting a millage rate of 6.622 mills, which will be an

     increase of 0.607 mills. This millage rate will increase property taxes by 9.36%.

     Motion by Councilmember Ready to adopt Millage Rate of 6.622 mills– second – Wearing, approved

     5/1 with Councilmember Holt opposed.

10. Alley Between 712 and 802 Emory Street.
      City Attorney David Strickland informed Council that a title examination for the alley had been completed,  

      back to the late 1800’s, and there was no deed into/from any individual that addresses ownership of the  

      alley way. For that reason, he could not certify a title. He stated that the city could still resolve the issue by

      continuing the title search on further back, or by moving forward with a quit claim deed to the Roan’s

      thereby relinquishing any rights, the city might have to the alley. Councilmember Windham referenced other

      remodeling projects with encroachments that the city has allowed to occur. Councilmember Windham made

      the motion to allow the Roan’s to move forward with their intended renovations since it does not include

      modifying the footprint of the house or the garage in question and to resolve the other issue at a later date.

     Councilmember Eady suggest strongly that ownership of the alley must be determined.

      Motion by Councilmember Windham to allow homeowner to move forward with remodel of interior –

      second – Holt, approved 5/1 with Councilmember Eady opposed.


11. Moore Street Sidewalk Project
       City Manager Matt Pepper reviewed for Council the Moore Street Value Engineering Results which yielded

       three options: Option 1 reduce width of sidewalk to 4’ (reducing the bid by $11,402.82); Option 2

       eliminating the portion of the sidewalk that extends from the raised crosswalk on Moore Street to Haygood

       Avenue (reducing the bid by $10,500); Option 3 eliminating sidewalk connector between Haygood and

       Emory streets (reducing the bid by $2,735.95). Implementing all three options would reduce the bid by

       $24,638.77. Councilmember Windham questioned if we could resource the funds from somewhere else to

       complete the project as it was originally approved. Council did agree to reject the Value Engineering Study

       and set the project up for re-bidding.


12. Emory Street Sidewalk Project Intergovernmental Agreement (IGA)
       City Manager Matt Pepper explained to Council the details of the intergovernmental agreement with the

       City of Covington for contracting requirements and payment processing on behalf of the City of Oxford.

       The City of Covington approved the IGA at their meeting on July 22nd.  

       Motion to approve IGA for Emory Street Project – Windham – Second – Wearing, approved unanimous


13. 107 W. Clark Street Renovation Project.
Councilmember Wearing informed Council the committee had received drawings from Carter & Watkins

       Associates. The drawings, however, were not in line with what the committee had envisioned for the

       project. A conference call to Carter & Watkins was scheduled on Tuesday, August 6th at 2:30 pm to discuss

       the drawings. Councilmember Ready added that the DDA would participate on the conference call.


14. Invoice Approval

       Councilmember Holt questioned why there was a separate invoice from Cowart Mulch Products, and why it   

       was not included in the original capital expenses. Matt Pepper explained that a need did arise for the

       purchase of additional mulch to complete the project.
       Motion by Ready to approve July invoices - second Holt, approved unanimous 6/0.



      Regular Session adjourned at 7:27 pm


      Executive Session

      Motion to go into an Executive Session at 7:32 pm – Wearing – Second – Holt, approved unanimous 


City Attorney David Strickland updated Council on ongoing litigation.


      Council discussed personnel matters regarding City Clerk salary.

       Motion to adjourn the Execution Session at 7:40 pm – Windham– second – Wearing, approved
       unanimous 6/0.

       Motion to adjourn Regular Session at 7:41 pm – Windham – Second Wearing Approved unanimous 6/0.


Respectfully Submitted;

Connie Middlebrooks
City Clerk